The Commonwealth was a time of legal as well as political change.
The Lord Protector had, with quaint emphasis, described the Court of
Chancery as "an ungodly jumble," and Rolle, his Lord Chief Justice
of the Upper Bench, before and since known as the King's Bench, laid
violent hands on the action of ejectment. "What," urged he in effect,
"was the use of actual entry, lease and ouster? Let all be held as
done: so that the Court may apply itself at once to the real question
at issue." Finally, the action was in name _Doe_ against _Roe_, but
the writ as a mere form was suppressed, and the first step was the
declaration and notice to appear, both served on the real defendant or
his tenant. The declaration stated that the land in question had been
demised by A. (the real claimant) to John Doe; but that Richard Roe had
entered thereon by force and arms and ejected him, "to the great damage
of the said John Doe, and against the peace of our Lord the now King;"
and that therefore he brought this action. To this there was appended
a letter, signed "your loving friend Richard Roe," addressed to B.,
the real defendant, and informing him that the sender, hearing that he
claimed the land, must now tell him that he (Richard), being sued "as
a casual ejector only, and having no title to the same," he advised
him (B.) to enter appearance as defendant, "otherwise I shall suffer
judgment therein to be entered against me by default, and you will be
turned out of possession." Now, to succeed in his action, the plaintiff
must clearly prove four things--Title, Lease, Entry, and Ouster; and
the three last he could not do, since they never happened. This little
difficulty was got over by a consent rule: the Courts allowed B. to
take Richard Roe's place as defendant, only on condition that he would
confess those three things to have happened which never did happen:
whereupon the real question of title alone remained.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account